Neal-Allen

Neal-Allen v. Astrue

Good Law
265 F. App'x 670
United States Court of Appeals for the Ninth CircuitJanuary 31, 2008No. 06-15539California379 words

Opinion

lead Opinion

MEMORANDUM **

Andrea Neal-Allen appeals from the district court’s summary judgment affirming the Administrative Law Judge’s (ALJ) denial of her application for Social Security disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Substantial evidence supports the ALJ’s determination that Neal-Allen’s depression did not “remain ‘disabling’ for at least 12 continuous months.” See 42 U.S.C. § 423 (d)(1)(A); 20 C.F.R. § 404.1509 . Neal-Allen was diagnosed with symptoms of depression for a period of, at most, 11 months. Furthermore, several of the diagnoses during this period made it clear that her mental impairment, standing alone, did not rise to the level of severity necessary to be considered disabling under 42 U.S.C. § 423 .

Substantial evidence also supports the ALJ’s determination that Neal-Allen’s subjective complaints about the side effects of her medications were not credible. At the hearing, Neal-Allen indicated that she was taking Elavil to help her sleep at night, and Ultracet to control her pain. She stated that both of these medications made her drowsy. To the extent Neal-Allen was claiming that this drowsiness precluded her from…

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